https://www.congress.gov/116/crpt/srpt190/CRPT-116srpt190.pdf

Calendar No. 399 116TH CONGRESS REPORT " SENATE ! 2d Session 116–190 TO EXTEND THE FEDERAL RECOGNITION TO THE LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA, AND FOR OTHER PURPOSES JANUARY 6, 2020.—Ordered to be printed Mr. HOEVEN, from the Committee on Indian Affairs, submitted the following R E P O R T [To accompany S. 51] [Including cost estimate of the Congressional Budget Office] The Committee on Indian Affairs, to which was referred the bill (S. 51) to extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE The purposes of S. 51 are (1) to extend Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana (Little Shell), making its members eligible for all services and benefits provided by the United States to other Federally recognized Indian tribes; and (2) to effect the transfer of 200 acres of land, which the Sec- retary of the Interior (Secretary) shall acquire and place in trust for the benefit of the Little Shell. BACKGROUND Federal Recognition of Indian Tribes The act of federally recognizing an Indian tribe is highly signifi- cant. It is an affirmation by the United States of the existence of a formal government-to-government relationship between the United States and the tribe. As part of this relationship, a tribe and its members become eligible for Federal programs and benefits. The tribal government serves as the primary governing body of the community responsible for carrying out that relationship. Before Congress ended the practice of treaty-making with Indian tribes in 1871, treaties were the usual manner of recognizing a gov- dlhill on DSKBBY8HB2PROD with HEARING 99–010 VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  2 ernment-to-government relationship between the United States and an Indian tribe. Since the conclusion of this practice, the United States has recognized Indian tribes by legislation, executive orders, and administrative decisions. Additionally, Federal courts may clarify the status of an Indian group. In order to provide a uniform and consistent process by which an Indian tribe may be federally recognized, the Department of the In- terior (Department) developed an administrative process in 1978 to allow Indian groups to petition for formal acknowledgment of a government-to-government relationship with the United States. Standards and procedures for this process were set forth in Part 83 of Title 25 of the Code of Federal Regulations (Part 83 or the Federal acknowledgement process). These regulations, as amended in 1994, required a petitioner to satisfy seven mandatory require- ments, including: (1) The petitioner ‘‘has been identified as an American In- dian entity on a substantially continuous basis since 1900’’; (2) A predominant portion of the petitioning ‘‘group com- prises a distinct community and has existed as a community from historical times until the present’’; (3) The petitioner has ‘‘maintained political influence or au- thority over its members as an autonomous entity from histor- ical times to the present’’; (4) The group must ‘‘provide a copy of its present governing documents and membership criteria’’; (5) The petitioner’s ‘‘membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes which combined and functioned as a single autonomous political entity’’; (6) The ‘‘membership of the petitioning group is composed principally of persons who are not members of any acknowl- edged North American Indian tribe’’ and do not maintain a bi- lateral political relationship with the acknowledge tribe; and (7) ‘‘Neither the petitioner nor its members are the subject of congressional legislation that has expressly terminated or forbidden the Federal relationship.’’ 1 Tribes may also seek federal recognition through an act of Con- gress. Since 1970, Congress has passed legislation to federally rec- ognize or reaffirm 25 Indian tribes.2 Most recently, six tribes were federally recognized when President Donald J. Trump signed H.R.984—Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017 into law on January 29, 2018.3 1 59 Fed. Reg. 94–3934. (February 25, 1994) (to be codified at 25 C.F.R. pt. 83). 2 Tonto Apache Tribe of Arizona, Pub. L. 92–470 (1972); Modoc Tribe of Oklahoma, Pub. L. 95–281 (1978); Pasqua Yaqui Tribe of Arizona, Pub. L. 95–375 (1978); Houlton Band of Maliseet Indians of Maine, Pub. L. 96–420 (1980); Cow Creek Band of Umpqua Indians of Oregon, Pub. L. 97–391; Kickapoo Traditional Tribe of Texas, Pub. L. 97–429 (1983); Mashantucket Pequot Tribe of Connecticut, Pub. L. 98–134 (1983); Ysleta Del Sur Pueblo of Texas, Pub. L. 100–89 (1987); Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan, Pub. L. 100– 420 (1988); Coquille Tribe of Oregon, Pub. L. No. 101–42 (1989); Aroostook Band of Micmac Indi- ans of Maine, Pub. L. No. 102–171 (1991); Pokagon Band of Potawatomi Indians of Michigan, Pub. L. No. 103–323 (1994); Little River Band of Ottawa Indians of Michigan, Pub. L. No. 103– 324 (1994); Little Traverse Band of Odawa Indians of Michigan, Pub. L. No. 103–324 (1994); Central Council of the Tlingit & Haida Indian Tribes of Alaska, Pub. L. No. 103–454 (1994); Graton Rancheria of California, Pub. L. No. 106–568 (2000); and Loyal Shawnee Tribe of Okla- homa, Pub. L. No. 106–568 (2000); Chickahominy Indian Tribe, Chickahominy Indian Tribe— Eastern Division, Upper Mattaponi Tribe, Rappahannock Tribe, Inc., Monacan Indian Nation, dlhill on DSKBBY8HB2PROD with HEARING and the Nansemond Indian Tribe Pub. L. No. 115–121 (2018). 3 Pub. L. No. 115–121 (2018). VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  3 History of changes made to the Department’s Part 83 regulations The Federal acknowledgement process has been criticized as ‘‘broken’’ for decades.4 Nonetheless, until the Department reformed Part 83 in 2015 (discussed below), there have been only a handful of changes made to the Federal acknowledgement process since its inception.5 Complaints about the Department’s Federal acknowledgement process have centered primarily on the high cost of gathering docu- mentary evidence to meet the seven mandatory criteria, the length of time it takes the Department to review a petition, and the De- partment’s inconsistent application of the listed criteria.6 Of the 573 federally recognized tribes, only 18 have used the Part 83 ad- ministrative process to gain recognition. To date, the Department has issued 51 decisions under the Part 83 process, including two decisions issued after new Part 83 regula- tions were published in July 2015.7 Recent developments On June 21, 2013, the Assistant Secretary—Indian Affairs (AS– IA) released a Discussion Draft proposing changes to Part 83. The related comment period closed on September 30, 2013. On May 29, 2014, the AS–IA published a Proposed Rule in the Federal Reg- ister. The Department received substantial input from tribes, state and local governments, and the public during the associated com- ment period, which closed on September 30, 2014.8 Ultimately, the Department published a Final Rule on July 1, 2015, which took effect on July 31, 2015.9 AS–IA Washburn also issued a policy statement indicating that the Department will rely on the new Part 83 process as the ‘‘sole administrative avenue’’ for Federal acknowledgement for tribes.10 According to the Department, the Final Rule preserves the exist- ing standard of proof and seven mandatory criteria to ‘‘maintain the substantive rigor and integrity of the [Part 83] process.’’ 11 In order to promote timeliness and efficiency, the Final Rule provides for a two-phased review of petitions that establishes certain thresh- old criteria and may result in the earlier issuance of final decisions, as well as a uniform evaluation period (1900 to present) to satisfy the tribal identification, community and political authority cri- teria.12 The Final Rule is intended to promote efficiency by pro- 4 80 Fed. Reg. 37861, 37862 (July 1, 2015) (to be codified at 25 C.F.R. pt. 83). 5 Examples of changes made to the process prior to 2015 include regulations clarifying the evi- dence needed to support a recognition petition, 59 Fed. Reg. 94–3934 (February 25, 1994) (to be codified at 25 C.F.R. pt. 83); a notice regarding internal BIA processing of federal acknowl- edgment petitions, 65 Fed. Reg. 7052–53 (February 11, 2000) (to be codified at 25 C.F.R. pt. 83); and a notice providing guidance and direction to streamline the process, 73 Fed. Reg. 30146 (May 23, 2008) (to be codified at 25 C.F.R. pt. 83). 6 80 Fed. Reg. 37861 (July 1, 2015) (to be codified at 25 C.F.R. pt. 83). 7 See 80 Fed. Reg. 39144 (July 8, 2015) (final determination recognizing the Pamunkey Indian Tribe); Fed. Reg. 61023 (December 26, 2017) (final negative determination for the Georgia Tribe of Eastern Cherokees, Inc.). 8 See U.S. Department of the Interior, News Release, Department of the Interior Announces Final Federal Recognition Process to Acknowledge Indian Tribes (June 29, 2015) (stating that more than 2,800 commenters provided input on the Discussion Draft, and that there were over 330 unique comments on the Proposed Rule). The Department also received feedback from tribes during consultations and public meetings. Id. 9 80 Fed. Reg. 37861 (July 1, 2015) (to be codified at 25 C.F.R. pt. 83). 10 80 Fed. Reg. 37538–375339 (July 1, 2015) (to be codified at 25 C.F.R. pt. 83). dlhill on DSKBBY8HB2PROD with HEARING 11 80 Fed. Reg. 37861 (July 1, 2015) (to be codified at 25 C.F.R. pt. 83). 12 Id. VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  4 viding for limited reconsideration of final agency determinations.13 The Department states that the Final Rule promotes fairness and consistency by providing that prior decisions finding evidence or methodology sufficient to satisfy any particular criterion will also be sufficient for a petitioner under the new Part 83 process.14 It also states that the Final Rule promotes transparency by providing for increased public access to petitions for Federal acknowledge- ment and associated public materials and, in the case of a negative proposed finding, providing petitioners the opportunity for a hear- ing.15 Indian tribes that applied for Federal acknowledgment prior to publication of the 2015 Final Rule may choose to have the Depart- ment evaluate their application under the previous application process or the new application process.16 Since the Final Rule was published, one Indian tribe has been federally recognized.17 Most recently, the Administration’s position with regard to legis- lative recognition of a tribe was provided during a legislative hear- ing before the Committee on Natural Resources in the House of Representatives. The testimony states that affirmative Congres- sional recognition can more directly align with the formal recogni- tion of tribes and the assignment of rights afforded to federally rec- ognized tribes.18 History of Little Shell According to the BIA Office of Federal Acknowledgment, the Lit- tle Shell Tribe satisfies criteria five of the ‘‘Part 83’’ administrative recognition process because of historical ties to the Pembina Band of Chippewa Indians.19 The Pembina Band was party to the Chip- pewa—Red Lake and Pembina Bands’ 1863 treaty with the United States that was ratified by the Senate.20 Some of the members of the Pembina Band settled on reservations in Minnesota, but the ancestors of the Little Shell Tribe moved westward to follow the buffalo herds into western North Dakota and Montana. By the late 1800s, these Pembina Band members settled in Montana and in the Turtle Mountains of North Dakota.21 The Little Shell Band has had numerous dealings with the United States. In 1892, a United States Commission was formed to negotiate cession of land from the Turtle Mountain Chippewa and provide for their removal. Chief Little Shell and his followers re- fused to accept the terms of the agreement and walked out on the negotiations. He was followed by a group of supporters who would become known as the ‘‘Little Shell Band.’’ 22 13 Id. 14 Id. 15 Id. 16 Id. 17 The Department of the Interior issued a final determination recognizing the Pamunkey In- dian Tribe on July 2, 2015. See 80 Fed. Reg. 39144 (July 8, 2015). 18 Tribal Recognition Act of 2017: Hearing on H.R. 3744 Before the H. Comm. on Nat. Res. 115th Cong. 2, (2017) (Statement of John Tahsuda, Principal Deputy Assistant Secretary—In- dian Affairs, US Department of the Interior). 19 74 Fed. Reg. 56866 (Nov. 3, 2009) 20 Treaty with the Chippewa—Red Lake and Pembina Bands, U.S.-Chippewa—Red Lake and Pembina Bands, October 2, 1863, 13 Stat. 667. 21 Fixing the Federal Acknowledgement Process: Hearing Before the S. Comm. on Indian Af- fairs, 111th Cong. 2, 2–3 (2009) (written testimony of John Sinclair, President of the Little Shell dlhill on DSKBBY8HB2PROD with HEARING Tribe of Chippewa Indians of Montana). 22 Id. VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  5 Chief Little Shell and the Little Shell Band’s refusal to cede ad- ditional lands to the United States left them without a reserva- tion.23 Congress appropriated funds in 1908, and from 1914 through 1925, to establish a land base for the ‘‘homeless Indians in the State of Montana.’’ 24 In 1935, following the enactment of the Indian Reorganization Act (IRA),25 the BIA attempted to help the Little Shell organize under that act. The Little Shell was ultimately unable to formally organize under the IRA because they lacked a land base.26 The Little Shell continued its effort to obtain Federal recognition through the Department’s Federal acknowledgment process. In 1978, the year this process was created, Little Shell filed a letter of intent to petition for Federal acknowledgment. Little Shell spent approximately 14 years documenting their petition for acknowledg- ment, and ultimately submitted a petition in 1992.27 In 1995, the BIA declared the Little Shell’s petition was com- plete.28 In 2000, the BIA issued a positive proposed finding on the petition, stating that Little Shell had met all seven mandatory cri- teria for Federal acknowledgment.29 However, the BIA Office of Federal Acknowledgement requested additional information from the Tribe. In response, Little Shell provided nearly 10,000 pages of additional material to the 60,000 page record. Additionally, the BIA received two comments on the positive proposed finding during the comment period.30 The Department determined the comments to be immaterial or unsupported.31 In 2009, the Department issued a negative ‘‘final determination’’ against federally acknowledgment of Little Shell.32 The Depart- ment concluded that Little Shell met four of the seven mandatory criteria for federal acknowledgment, including descent from a his- toric tribe.33 However, the Department found insufficient evidence to satisfy the remaining criteria,34 so it recommended against rec- ognition. Little Shell appealed the negative final determination to 23 Id. 24 Little Shell Tribe of Chippewa Indians Restoration Act of 2007: Hearing on S. 724 Before the S. Comm. on Indian Affairs, 110th Cong. 2, 13 (2008) (statement of the Hon. John Sinclair, Little Shell Tribe of Chippewa Indians of Montana, President); 41 Stat. 1225 (March 3, 1925). 25 Indian Reorganization Act, 25 U.S.C. §§ 5101–5144 (2017). 26 See Little Shell Tribe of Chippewa Indians Restoration Act of 2011, S. 546, 112th Cong. § 2 (7) (2011). 27 Id. 28 Little Shell Tribe of Chippewa Indians Restoration Act of 2013: Hearing on S. 161 Before the S. Comm. on Indian Affairs, 113th Cong. 1, 4 (2013) (written testimony of the Assistant Sec- retary for Indian Affairs, U.S. Department of the Interior). 29 65 Fed. Reg. 45394 (July 21, 2000). 30 Under the current Part 83 regulations, when a petitioner receives a proposed positive find- ing and no negative comments are received, the BIA will ‘‘automatically issue a determination acknowledging the petitioner as a federally recognized Indian tribe.’’ 25 C.F.R. § 83.36(a). In fact, then Assistant Secretary—Indian Affairs testified before the House Natural Resources Com- mittee that this provision was added because of the Little Shell Tribe’s treatment under the pre- vious Part 83 regulations. Little Shell Tribe of Chippewa Indians Restoration Act of 2015: Hear- ing on H.R. 286 Before the H. Comm. on Nat. Res. 114th Cong. 1, (2015) (Assistant Secretary Washburn’s response to question put forth by Representative Ryan Zinke (MT)). 31 Summary under the Criteria and Evidence for Final Determination against the Federal Ac- knowledgment of the Little Shell Tribe of Chippewa Indians of Montana, Interior Dec. 15–16 (2009). 32 74 Fed Reg. 56861 (November 3, 2009); Little Shell Band of Chippewa Indians Restoration Act of 2011: Hearing on S. 546 Before the S. Comm. on Indian Affairs, 112th Cong. 1, 30 (2011) (statement of Hon. John Sinclair, Little Shell Tribe of Chippewa Indians of Montana, President). 33 Little Shell Tribe of Chippewa Indians Restoration Act of 2013: Hearing on S. 161 Before the S. Comm. on Indian Affairs, 113th Cong. 1, 20 (2013) (statement of the Assistant Secretary for Indian Affairs, U.S. Department of the Interior). dlhill on DSKBBY8HB2PROD with HEARING 34 25 C.F.R. 83.7 (a) (external identification), (b) (community), (c) political authority. See 57 IBIA 101, 108–109 (2013). VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  6 the Interior Board of Indian Appeals (‘‘IBIA’’), which in turn re- ferred several issues to the Secretary of Interior.35 The Depart- ment’s negative ‘‘final determination’’ was stayed on appeal. In 2013, the Secretary of the Interior referred the petition to the AS–IA for reconsideration. The AS–IA placed Little Shell’s petition on hold pending the development of new recognition regulations that became final in 2015. The Little Shell elected to proceed under the 2015 federal acknowledgement regulations, but it has not yet resubmitted its petition.36 LEGISLATIVE HISTORY On January 8, 2019, Senator Tester introduced S. 51 to federally recognize the Little Shell Tribe. Senator Steve Daines joined him as an original co-sponsor. The Senate referred the bill to the Com- mittee on Indian Affairs, which considered the bill at a duly called business meeting held on January 29, 2019. During this business meeting, the Committee ordered the bill favorably reported, with- out amendment, to the full Senate by voice vote. Also on January 8, 2019, Representative Greg Gianforte intro- duced a companion bill in the House of Representatives, H.R. 297. The House of Representatives referred the bill to the Committee on Natural Resources the same day. On March 26, 2019 after Natural Resource Committee Chairman Raúl Grijalva moved to suspend the rules and pass the bill, the House of Representatives voted in support of suspending the rules and passing the bill. Members of the Montana Congressional Delegation have intro- duced legislation to recognize the Little Shell Tribe for the previous seven Congresses. House actions Rep. Dennis Rehberg, introduced the first bill (H.R. 5804) to rec- ognize the Little Shell on July 13, 2006 during the 109th Con- gress.37 He went on to introduce companion legislation in the 110th Congress (H.R. 1301) and the 111th Congress (H.R. 3120). No House companion was introduced in the 112th Congress. However, Representatives Steve Daines, Ryan Zinke, and Greg Gianforte each respectively introduced companion bills in the 113th Congress (H.R. 2991), 114th Congress (H.R. 286), and 115th Congress (H.R. 3764). The House Committee on Natural Resources took no action on the bill in the 110th and 113th Congresses but held a hearing on the bill in both the 111th and 114th Congresses.38 In the 115th Congress, the Committee on Natural Resources reported the bill, with an amendment, on September 10, 2018. The House of Rep- resentatives then passed the bill under suspension of the rules on September 12, 2018. 35 Id. 36 Petitioner #031: Little Shell Tribe of Chippewa Indians of MT, https://www.bia.gov/as-ia/ofa/ 031-ltlshl-mt (last visited Mar. 20, 2019). 37 See H.R. 5804—Little Shell Tribe of Chippewa Indians Restoration Act of 2006. 38 Legislative Hearing on H.R. 2678, H.R. 1358, H.R. 3084, and H.R. 3120 Before the H. Comm. on Nat. Res. 111th Cong. (2009); Hearing on H.R. 872 and H.R. 286 Before the H. dlhill on DSKBBY8HB2PROD with HEARING Subcomm. on Indian, Insular, and Alaska Native Affairs, H. Comm. on Nat. Res. 114th Cong. (2015). VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  7 Senate actions Both members of the Montana Senate delegation introduced leg- islation to federally recognize Little Shell in the 110th Congress (S. 724), the 111th Congress (S. 1936), the 112th Congress (S. 546), the 113th Congress (S. 161), the 114th Congress (S. 35), and the 115th Congress (S. 39). During the 110th Congress, and again in the 112th and 113th Congresses,39 40 41 the Committee on Indian Affairs held hearings on the legislation. At that time, Little Shell’s petition for administrative recognition was in active consideration. More recently, former Assistant Secretary—Indian Affairs Washburn testified that the Department does not oppose legislation to recognize the Little Shell.42 The Committee on Indian Affairs ordered the bill reported favor- ably by voice vote in the 112th, 113th, 114th, and 115th Con- gresses. The Senate took no further actions on the bill once the Committee reported the bill. SECTION-BY-SECTION ANALYSIS Section 1—Short title This section states that the short title of the bill is the ‘‘Little Shell Tribe of Chippewa Indians Restoration Act of 2019’’. Section 2—Findings This section lists Congressional findings. Section 3—Definitions This section defines terms used throughout the Act. Section 4—Federal recognition This section formally extends Federal recognition to Little Shell, making all Federal laws and regulations of general applicability to Indians and Indian tribes, including the IRA, applicable to Little Shell and its members. Section 5—Federal services and benefits This section states that, beginning on the date of enactment of this Act, the Little Shell and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to either the ex- istence of a reservation for the tribe or the location of the residence of any member on or near an Indian reservation. This section also establishes Little Shell’s service area for service delivery and bene- fits purposes as Blaine, Cascade, Glacier, and Hill Counties in the State of Montana. 39 Hearing on H.R. 1294, S. 514, S. 724, and S. 1058 Before the S. Comm. on Indian Affairs. 110th Cong. (2008). 40 Hearing on S. 546, Little Shell Tribe of Chippewa Indians Restoration Act of 2011; S. 636, A Bill to Provide the Quileute Indian Tribe Tsunami and Flood Protection, and for Other Pur- poses; and S. 703, The Helping Expedite and Advance Responsible Tribal Homeownership Act of 2011 Before the S. Comm. on Indian Affairs. 112th Cong. (2011). 41 Hearing on S. 1074, The Thomasina E. Jordan Indian Tribes of Virginia Federal Recogni- tion Act of 2013; S. 1132, The Lumbee Recognition Act; and S. 161, The Little Shell Tribe of Chippewa Indians Restoration Act of 2013 Before the S. Comm. on Indian Affairs. 113th Cong. (2013). 42 Hearing on H.R. 872 and H.R. 286 Before the Subcomm. on Indian, Insular, and Alaska dlhill on DSKBBY8HB2PROD with HEARING Native Affairs, H. Comm. on Nat. Res. 114th Cong. 1 (2015) (Statement of Keven Washburn, Assistant Secretary Indian Affairs, US Department of the Interior). VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  8 Section 6—Reaffirmation of rights This section makes clear that nothing in this Act diminishes any right or privilege of Little Shell, or members of Little Shell that ex- isted prior to the date of enactment. The section further states that any legal or equitable claims to enforce rights or privileges re- served by or granted to Little Shell that were wrongfully denied or taken before enactment of this Act are preserved. Section 7—Membership roll This section mandates, as a condition of receiving recognition, services, and benefits pursuant to this Act, that Little Shell submit to the Secretary a membership roll within 18 months of enactment of this Act, and maintain such roll. This section also requires that tribal membership be determined in accordance with Little Shell’s constitution dated September 10, 1977. Section 8—Transfer of land This section directs the Secretary to acquire trust title to 200 acres of land within the service area of the Tribe. This section also states that the Secretary may acquire additional land for the ben- efit of the Tribe, in accordance with the IRA. COST AND BUDGETARY CONSIDERATIONS The following cost estimate, as provided by the Congressional Budget Office, dated March 8, 2019. U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 8, 2019. Hon. JOHN HOEVEN, Chairman, Committee on Indian Affairs, U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: The Congressional Budget Office has pre- pared the enclosed cost estimate for S. 51, the Little Shell Tribe of Chippewa Indians Restoration Act of 2019. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Jon Sperl. Sincerely, KEITH HALL, Director. Enclosure. dlhill on DSKBBY8HB2PROD with HEARING VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  9 Bill summary: S. 51 would provide federal recognition to the Lit- tle Shell Tribe of Chippewa Indians of Montana. That recognition would make the tribe eligible to receive benefits from various fed- eral programs. Estimated Federal cost: The estimated budgetary effect of S. 51 is shown in Table 1. The costs of the legislation fall within budget functions 450 (community and regional development) and 550 (health). TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 51 By fiscal year, millions of dollars— 2019– 2019 2020 2021 2022 2023 2024 2024 Department of the Interior: Estimated Authorization ................................... 0 3 3 4 4 4 18 Estimated Outlays ............................................ 0 2 3 4 4 4 17 Indian Health Service: Estimated Authorization ................................... 0 4 5 5 5 5 24 Estimated Outlays ............................................ 0 4 5 5 5 5 24 dlhill on DSKBBY8HB2PROD with HEARING Total Changes: Estimated Authorization .......................... 0 7 8 9 9 9 42 Insert offset folio 10 here SR190.001 VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  10 TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 51— Continued By fiscal year, millions of dollars— 2019– 2019 2020 2021 2022 2023 2024 2024 Estimated Outlays ................................... 0 6 8 9 9 9 41 Basis of estimate: For this estimate, CBO assumes that S. 51 will be enacted in fiscal year 2019 and that the necessary amounts will be appropriated for each fiscal year. Providing federal recognition to the Little Shell Tribe of Chip- pewa Indians of Montana would allow the tribe and about 2,600 tribal members to receive benefits under various programs admin- istered by the Department of the Interior (DOI) and the Indian Health Service (IHS). Department of the Interior: DOI, primarily through the Bureau of Indian Affairs, provides funding to federally recognized tribes for various purposes, including child welfare services, adult care, com- munity development, and general assistance. Based on current per capita expenditures of around $1,200 for other federally recognized tribes in the central states and accounting for anticipated inflation, CBO estimates that providing those services to the Little Shell Tribe would cost $17 million over the 2019–2024 period. Indian Health Service: The IHS also provides members of feder- ally recognized tribes with health benefits. Using information from the IHS, CBO estimates that about 55 percent of the tribe’s mem- bers—or about 1,400 people—would receive benefits each year. CBO expects that the per capita cost would be similar to the costs for current IHS beneficiaries—about $2,875 in 2019. Accounting for anticipated inflation, CBO estimates, providing those benefits would cost $24 million over the 2019–2024 period. Other Federal agencies: Certain Indian tribes also receive sup- port from other federal programs within the Departments of Agri- culture, Education, Housing and Urban Development, and Labor. Because the tribe is currently recognized by the state of Montana, the tribe already receives funding from those departments. Thus, CBO estimates that enacting S. 51 would not increase costs under those programs. Pay-As-You-Go considerations: None. Increase in long-term direct spending and deficits: None. Mandates: S. 51 contains an intergovernmental mandate as de- fined in the Unfunded Mandates Reform Act (UMRA) because it would authorize the Secretary of Interior to acquire and take into trust 200 acres of land for the Little Shell Tribe. Because that land would be exempt from state and local taxes, the provision would impose an intergovernmental mandate. Given the small amount of land, CBO estimates that the forgone tax revenue to state and local governments would be small and well below the threshold estab- lished for intergovernmental mandates ($82 million in 2019, ad- justed annually for inflation). S. 51 contains no private-sector mandates as defined in UMRA. Estimate prepared by: Federal Costs: Jon Sperl (Department of the Interior); Robert Stewart (Indian Health Service); Mandates: dlhill on DSKBBY8HB2PROD with HEARING Rachel Austin. VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190  11 Estimate reviewed by: Kim Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; Susan Willie, Chief, Mandates Unit; H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. REGULATORY AND PAPERWORK IMPACT STATEMENT Paragraph 11(b) of rule XXVI of the Standing Rules of the Sen- ate requires each report accompanying a bill to evaluate the regu- latory and paperwork impact that would be incurred in carrying out the bill. The Committee believes that S. 51 will have a minimal impact on regulatory or paperwork requirements. EXECUTIVE COMMUNICATIONS The Committee has received no communications from the Execu- tive Branch regarding S. 51. CHANGES IN EXISTING LAW On February 6, 2019, the Committee on Indian Affairs unani- mously approved a motion to waive the Cordon rule. In the opinion of the Committee, it was necessary to dispense with subsection 12 of rule XXVI of the Standing Rules of the Senate to expedite the business of the Senate. Æ dlhill on DSKBBY8HB2PROD with HEARING VerDate Sep 11 2014 04:33 Jan 09, 2020 Jkt 099010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6611 E:\HR\OC\SR190.XXX SR190